What can I do about dental malpractice?

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What can I do about dental malpractice?

I had a root canal done just over 2 years ago. I had it crowned immediately after the root canal by a different dentist an endodontist doesn’t do the crown. It’s been 2 years since the work was completed. I started having pain in the tooth. I went back to the dentist who put the crown on a couple of times in the past month. When I saw him yesterday, he told me I was going to have to go to an oral surgeon to have the tooth removed as it was dying. Apparently unbeknownst to myself, or the dentist, the endodontist broke a file off inside of the root. It wasn’t apparent until the dentist used a magnifying glass to look at the X$-ray. I’m now out 2,728. I have to pay to have it extracted by an oral surgeon. Do I have an recourse?

Asked on September 3, 2015 under Malpractice Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since the endodontist is deceased, you will need to sue his estate to recover compensation for the dental bills, compensation for pain and suffering, which is an amount in addition to the dental bills determined by the dental reports from your dentist who discovered the broken file.  You can also recover compensation for any documented wage loss resulting from the dental malpractice.
Compensation for the dental bills is straight reimbursement.  As mentioned above, compensation for pain and suffering is an amount in addition to the dental bills based on the dental reports which document the nature and extent of your injury/condition.  Compensation for wage loss is straight reimbursement.
Your lawsuit against the estate for the endodontist's negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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